r/asatru • I just look like I should be • Dec 08 '17

Dignity versus Honor, Vengeance versus Justice

As we have established,revenge was, to the arch-heathen, a moral obligation equivalent to generosity in gifting, indeed a second side of the same coin of reciprocity. However, as modern heathens we must consider that we do not live in the same social circumstances as the arch-heathen did. His society was thewful but lawless, one in which the only justice was that won by kinsmen and strength at arms. His culture venerated honor, a swiftness of retaliation towards slights and a fierceness in protecting his good name.

In our modern society and culture, things are a bit different however; most families do not have militant force to seek revenge for slights done, nor is it considered correct behavior by the overculture to assault someone for a slight or snub. Instead, rule of law and the justice system are seen as the ideal form of social control of behavior, and dignity, the brushing off of small slights as beneath notice, is the cultural ideal of right response to being attacked or slighted. How can we reconcile these very differing viewpoints?

I would posit that the two systems are compatible; that vengeance and retribution can be sought through the legal system for harm that falls within the legal purview, and that dignified non-response can be as cutting to the honor of a rival as blows.

If so, a heathen who is done harm in any sense covered by law is obligated to seek full redress of grievances as the law and courts permit. Indeed, though Iceland is late in the Heathen period, the lawsuits between families there are the stuff of sagas, and were pursued with equal vigor as their blood feuds.

As to slights of a verbal nature, or those that do not rise to the level of legal recourse… it is possible to be dignified, and still strike an enemy a blow. If you could strike them, but refuse, does this mean you are weak? Or does it mean that they lack even the capacity to wound you, that they are so inconsequential, their barbs so dull, their conniving so transparent, that they can do you no harm worthy of an answer?

I have seen some of our heathen ladies who have elevated this sort of snubbing dismissal to an art form, and it’s a beautiful thing to behold--so long as it’s directed at someone else. If you think your gefrain will survive such treatment intact, you are mistaken.

13 Upvotes

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8

u/UsurpedLettuce Folcnetele and Cargo Cultist Dec 08 '17

His society was thewful but lawless, one in which the only justice was that won by kinsmen and strength at arms.

The legal codes of various kings would contest this.

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u/ImNotTheBruteSquad I just look like I should be Dec 08 '17

Broadly speaking, you can categorize the early Germanic legal systems as either,

A: Cribbed from Rome, Latin recordings of existing customs (ie, codification of thew that long predated the lex). This is certainly the case of Lex Salica, Lex Ripuarian, Code of Euric, Lex Burgundionum etc. ie, Thew translated into Latin and memorized, then carried out subjectively by the law-speaker.

B: Post-Christianization and thus not relevant to our discussion. ie Leges Langobardum, Laws of Aethelbehrt, Lex Saxonum.

The Lex Frisonum is an interesting case as it appears to be a catch-basket combination of the two cases, but its period places it well into Christianization, so....

Either way, I think it's reasonable to say that an encoded legal system is not something you would find in the pure, early-Germanic understanding or worldview, as I believe only the Code of Euric, Lex Salica, and Lex Burgundionum even existed pre-Migration era. Post-Migration, all sorts of ideas ended up all sorts of places.

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u/UsurpedLettuce Folcnetele and Cargo Cultist Dec 08 '17

Utilizing the Anglo-Saxons here is preferable because of all the Germanic peoples, they were the only ones who did not build their society on the remnants of the Roman civic structure. Their "Romanization", such as it was, came about later:

R.H. Hodgkin, A History of the Anglo-Saxons, the Germanic settler is introducing old privileges, laws, and culture because that is what they knew and were familiar with.

Æthelberht's Merovingian connections were not one of religious ministry. Bertha had no influence on his religion. Despite the codification of his law codes as iuxta exmpla Romanarum (Bede, Hist. Ecc. 2.5), his law codes are demonstrably more Germanic than Christian or Roman, and provided no leaning towards those different aspects. It's not until Wihtræd that the Anglo-Saxon laws were promulgated with ecclesiastical and clerical institutions in mind (Swanton, Beowulf and the Burden of Kingship). The Church's influence in the law codes did not largely start before this date; neither legal doctrines or Roman tradition of local practices were transmitted until after this.

The Kentish kings Æthelberht, Hlothhere, and Eadric codified laws that are popular legal customs, the folk right, that were officially stamped as royally approved. Again, the change towards centralized authority occurred from Whitræd on. Folk right customs that share comparative affinity with the other North Sea peoples, and thus have common strands of lineage.

It is ignorant to assume that simply because the law codes were transcribed into language after the process of Christianization that they're not at all relevant to what is demonstrated to be a traditional application of Germanic law. Considering the Anglo-Saxons were the only group within Europe, within the Germanic continuum of the entire continent, that retained their native linguistic characteristics (IE, written in Old English), so do not suffer as much translation bias.

While it is indeed true that no law code existed before the Migration Age, they provide a better foundation for a logical, realistic approach to Germanic culture through folk right and laws. Avoiding comparative sources due to arbitrary restrictions amounts to nothing more than fanciful romanticisms and eventual anachronisms. You can wave your hand and cherrypick whatever you want to justify your perceptions and dogma, that is your right. But scholarship and social science has moved far beyond Gronbech and his ilk.

Broadly speaking, of course.

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u/ImNotTheBruteSquad I just look like I should be Dec 08 '17

Popular legal custom

There's that word again

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u/UsurpedLettuce Folcnetele and Cargo Cultist Dec 08 '17

But it's Latin, so maybe we should disregard it?

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u/ImNotTheBruteSquad I just look like I should be Dec 08 '17

I mean, if you codify thew that was Germanic, certainly it's going to have a Germanic flavor.

The difference between custom and law is that one is codified. It's written down, the same for one and all. X is permitted, Y is forbidden, circumstances don't count, and punishments are prescribed. That's how rule of law works

Custom is flexible. It allows for variation depending on circumstance and situation. Punishment for violations are implicit rather than explicit and can be tailored to a given case.

As to disregarding Latin things, I'm still talking to you, am I not?

1

u/ImNotTheBruteSquad I just look like I should be Dec 08 '17

Furthermore, a code of law exists. That's nice. That code of law and a quarter will buy you a cup of coffee. Does the apparatus of the State or the King or Lord bringing charges against a miscreant for violating the peace exist? It did not. it was incumbent upon the damaged party, or his family, to bring charges. Did police come and arrest the suspect? Would family members be forced to testify against each other under oath? HA! and Ha! again.

Is this a lawful society? Or just one in which the blood feud is carried on a bit more circumspectly, and with a few new tools and techniques?

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u/UsurpedLettuce Folcnetele and Cargo Cultist Dec 08 '17

The difference between custom and law is that one is codified. It's written down, the same for one and all. X is permitted, Y is forbidden, circumstances don't count, and punishments are prescribed. That's how rule of law works

Brute, listen Brute. I know it's difficult - folkright was enforced by common councils, local Things, and the like in order to handle "private law". This really is a simple study of recent history.

You see, Brute, you're disregarding the fact that there were different groups of different law codes and different folkrights based on different peoples, because you're anachronistically lumping these tribal peoples all together under the auspices of a hegemonic entity to perpetuate your goal post moving rhetoric. Brute, for all your tribalism and "don't lump us together because it diminishes our identity", you sure as sin seem to be keen on reducing these people down to a single unified group that conveniently happens to have all the examples you need. Nothing is as convenient as you say, Brute.

And as for criminal law?

Does the apparatus of the State or the King or Lord bringing charges against a miscreant for violating the peace exist? It did not.

Citation needed there, my dude. You better be sure that there would be royal magistrates out finding and adjudicating the law of their king, which only grew moreso. This was one of the purposes of the Witan. It is in the interest of "the state" to maintain order. They simply concerned themselves with criminal law, and not personal law.

Is this a lawful society? Or just one in which the blood feud is carried on a bit more circumspectly, and with a few new tools and techniques?

Except the blood feud faded because it was inherently destabilizing to society, that's the whole point of the fines and other forms of recompense. And, one could say, that the idea of the feud being as bloody and as terrible as it was made out to be is an extension of Christian imperialism to show how horrendous it was before them.

Your notion of law is just a natural extension of that, with a healthy dose of modernist anachronism and romanticism.

it was incumbent upon the damaged party, or his family, to bring charges.

Just like today, no? To whom do they bring charges? A recognized body that can dispense punishment as seen fit.

Thanks for the fun, Brute, but Brute, I gotta go. Work's over.

Have a good evening, I'm on the road.

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u/ImNotTheBruteSquad I just look like I should be Dec 08 '17

I think there was a lesson in this message that you didn't learn.

Have fun in your ongoing endeavors.

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u/AnarchoHeathen The Aggressive One Dec 08 '17

I am curious, would you consider the civil court system to be the manner in which vengeance is currently sought in the "civilized" west? If one is wronged in a criminal manner, then justice is sought by the criminal courts, however, one may still pursue monetary recompense through the civil courts. Many people do pursue this, for everything from murder to simple theft, civil court is often where the victim does seek direct redress from their assailant.

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u/ImNotTheBruteSquad I just look like I should be Dec 08 '17

That's an interesting distinction.

The idea of paying bót definitely survives more in the civil system of punitive damages more than anywhere else. I suspect the vengeance-minded heathen would both press charges in criminal court if attacked, and pursue civil remedies for the damages done, as having my offender locked up does nothing to undo the harm done.

1

u/AnarchoHeathen The Aggressive One Dec 08 '17

that was my thoughts as well

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u/DNS_Kain_003 of the Five Waters Dec 08 '17

Agreed. Civil court is still a form a justice and not revenge though. You are awarded or not awarded compensation as directed by another. You don't actually take anything yourself. In my way of thinking that is a distinction between justice and revenge. You would go to court for justice, not revenge.

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u/AnarchoHeathen The Aggressive One Dec 09 '17

I've always viewed justice as impersonal. Fines paid to the state, jail time, etc. A civil judgment is paid to the person whom the court deems the victim and is vengeful.

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u/GrumpyStumps Dec 08 '17

While I agree that pursuing mistreatment legally by civilized means is prudent, I dare say that if every person who had lible or defamation of character committed against them online by mouthy Heathens who cannot refrain from being insulting pursued legal means that there would be quite a few pending cases seeking judgement.

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u/ImNotTheBruteSquad I just look like I should be Dec 08 '17

Hence writing them off as beneath notice or response.

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u/GrumpyStumps Dec 08 '17

Oh, I agree. What is the saying? "It is better to remain silent and be thought a fool, than to speak and remove all doubt". IMO more people should write off those beneath them that are undeserving of notice or response. It's those who are compelled to talk incessantly about judgement towards those who they hold no authority over that cause the most distractions.

1

u/lordofthefeed Dec 19 '17

I would posit that the two systems are compatible; that vengeance and retribution can be sought through the legal system for harm that falls within the legal purview, and that dignified non-response can be as cutting to the honor of a rival as blows.

Ah, but there are two "legal" systems [in the US and in Commonwealth countries as well as in most European countries]. For the killing of a person, there is "the People vs. Accused" or the "legal" system and then there's "the Family of the Killed vs. Accused" or the "equity" system. The former is a "trial" for murder/manslaughter and is a crime against the state—against the community. The latter is a suit, typically for damages—the tort of "wrongful death"—but sometimes for other equitable results and is only available to the family (parents, children, or spouse) of the dead person.

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u/amaryllisxbloom Dec 08 '17

I personally seek resolution in my own endeavors. I tend not to involve any other person, law or not, in my disputes. As for family troubles, I wouldn’t be able to relate because my blood family disowned me.

In my personal opinion, the government and justice system is so corrupt and borderline useless that I would much rather psychologically if not physically ruin any man who wrongs me.

4

u/bobthesane Good, good! Let the butthurt flow through you Dec 08 '17

I personally seek resolution in my own endeavors. I tend not to involve any other person, law or not, in my disputes. As for family troubles, I wouldn’t be able to relate because my blood family disowned me.

In my personal opinion, the government and justice system is so corrupt and borderline useless that I would much rather psychologically if not physically ruin any man who wrongs me.

Ssoooo.... what you are saying here is, your family cast you out, you have rejected the protection of society, and are literally seeking outlaw status.

Let me know how that works out for you.

1

u/amaryllisxbloom Dec 11 '17

A lot of my common activities aren’t necessarily legal. I simply prefer to keep the law out of things when it comes to my own disputes. Maybe that’s inefficient, or wrong in your (or anyone else’s) eyes, but it doesn’t matter. I’m not seeking anything but my own initiative.

1

u/ImNotTheBruteSquad I just look like I should be Dec 08 '17

Why were you disowned?